Planning board approves replacement of nonconforming house at 63 A Battery Road

The Bell House Planning Board unanimously approved a Type 6 nonconformity on May 21 to reconstruct the foundation of an existing nonconforming residence at 63 A Battery Road, Map 30 Lot 18.

Alexandra Sykes, the city planner, told the board the property sits in the shoreland and flood-hazard zones but that an updated survey shows the structure will remain outside the 25-foot shoreland setback. Sykes said the board’s findings document that the lot is a legally existing nonconforming back lot recorded since the early 1900s, with existing nonconformities in lot size, frontage and a north-side setback of 11.2 feet where 15 feet is required.

Contractor Kevin Winslow, representing homeowners Matthew and Hazel Holmes, described the plan to “lift the building straight up, replace the existing foundation, and lower the building down onto the new foundation” to minimize disturbance to mature trees and soil. Winslow said erosion-control measures, including temporary matting for heavy equipment and best-management practices, will be used to protect the site.

In reviewing the five criteria required for a Type 6 replacement, the board found good cause for the applicant to retain the existing location. Staff recommended and members accepted findings that: the approach would minimally alter topography and preserve site characteristics and utility connections; it would not expand the nonconforming footprint; elevating the structure would improve compliance with flood-plain building requirements; and the proposal would enable site improvements that benefit public health and safety. The record notes the structure’s assessed building value is roughly $98,000 and the land about $300,000, which contributed to the determination that the work exceeds the 50% replacement threshold that triggers this review.

The board also required several conditions of approval. Staff said the applicant must obtain any required Maine Department of Environmental Protection permits (permit-by-rule) for work in the shoreland/anticipated wetland area and a flood-hazard permit from the code enforcement officer. The conditions require shoreland-certified contractors, physical markers documenting the existing nonconforming structure location prior to work, locating and marking underground utilities, and adherence to erosion-control best practices.

During the public-hearing period, the chair reported no in-person or written public comments were received. After brief final edits to findings language (including a note acknowledging possible visual impacts to abutting properties while preserving view corridors), a board member moved to approve the project, the board approved the conditions of approval and then approved the Type 6 nonconformity replacement. Each motion was seconded and passed by unanimous vote.

Next steps: staff will finalize the written findings to include clarifications requested at the meeting (for example, verifying whether the property’s wastewater connection is a private pump system discharging to city sewer versus a true subsurface septic), and the applicant must secure the permits listed in the conditions before demolition/foundation work begins.